Responsibility for rifles sold

[aquarius11]

any one else care to comment?
aquarius11

[DJP]

Difficult one this.

My take is that if you bought something by post and it was defective, or not as described, then you'd have legitimate grounds for a moan.

However, this time the buyer has actually tried the rifle out before buying it - and so has had the opportunity to satisfy himself re it's condition.

The problem described is one that no one could have known about without chrono'ing the rifle anyway.

That's the chance you take when you buy anything secondhand - that's why secondhand goods are cheaper. Really in this case the buyer is asking the seller to guarantee the goods - but if you want guarantees you have to buy new and pay the full price.

I don't know the full ins and outs of it but from the above I'd say it's really the buyers problem - he obviously thought it was OK when he tried it out.

But I stand to be corrected!

[Darren Petts]

If buying a gun face to face, take your own chrono and put a string into the sellers lawn or at his local club.

[EV2]

Aquarius 11

I am fully aware that i shot the gun before hand however what you failed to say was that

the only option to test it was in a church hall over 10 meters and no option to chrono it as your club was having there weekly evening shoot.

I am not suggesting that you were aware that there was a problem however as soon as i had put it across a chrono i made you aware. It was only at this point that you told me you thought it was shooting fast compared to your s410 that you had had chronoed a day or so before.

Having spoken to Ripley they immediately stated what they felt the problem was and the cost involed to put it right including postage ie 150.00 and could not fit it in until 21st June.

I proposed to you that we split this cost as it seemed a fair way of doing things but you were not interested.

You state that you are just a skint individual trying to make ends meet, so am i but was prepared to meet half way.

I also have copies of your emails

When i purchased the rifle from you i did so in good faith believing you to be genuine.

Obviously if you are not prepared to share the cost i will have to fund it myself when i can or have a rifle that i cannot shoot.

In posting my original post i was seeking comments and was not going to name you as i did not wish to get into this tit and tat online.

Jeff

[Gary C]

IMHO
Legally this is law of tort not sale of goods act. If it could be proven that the seller had sold an over the limit gun then the contract is frustrated and the buyer is fully entitled to his money back.

The difficulty is in proving that the gun was over the limit on the day of sale and it wasn't sheer misfortune that it went belly up shortly afterwards.

Personally speaking I'd be paying the cost or taking the gun back if I'd sold it. Common sense dictates that it as defective at point of sale and the seller has a moral responsibility to his fellow shooters to do the decent thing.

Whilst this may not be financially sensible to pursue through the courts it is a damning indictment on the seller if he washes his hands of the issue. I personally feel the buyer is being MORE than reasonable offering to pay half when he's bought a dodgy gun.

Funny thing is I've met Aquarius and he doesn't seem the sort.

[Slim]

As the buyer inspected the goods and found them satisfactory,
it is surely his problem,If the seller didn't know about the defect he was not dis-honest,the gun was "sold as seen".
I wouldn't predict a happy ending getting the Police involved,I'm no expert but this is now a Firearm in their eyes,and presumably you are not a F.A.C. holder...
Just my $.02.

[Philip W]

Although pretty new to air guns I do not think this situation is any different to buying a second hand car .As long as the seller does not lie about the product then it is very much "buyer beware " .If you want a guarantee pay the price from a dealer.Just my opinion mind.

[Davestate]

But if you bought that car with a fake MOT cert, makes the car illegal, as is this rifle, regardless of pleading 'I don't have a chrono'. Best to settle this as quickly & amicably as possible just to prove what a good chap the seller is.

[Slim]

Seems a bit strong to bring "Faking" into it,as stated if guarantees are wanted,buy from a dealer.
There is no proof the gun wasn't "fiddled" with,and as for the club not having a chrono' are sellers obliged to supply test equipment as well
Just my $.02 worth (again )

[Davestate]

I was stressing the point 'illegal'.

[Slim]

Fair comment mate
Maybe selling used motors has made me a bit cynical.

[shootist]

This thread demonstrates one thing in any event. Don't look for legal advice on an airgun bulletin board!

The one over riding thing about going to law is proof. It's about proof. Also, can you prove it?

From what has been said so far, neither party can prove (That's PROVE) anything in respect of the rifles condition at the time of sale, or indeed, the terms of the sale.

This is one of the reasons behind the 'caveat emptor' rule. Let the buyer beware. It is indeed the reason why secondhand goods are usually cheap.

The only real prospect of resolution (it must be past my bed time, you wouldn't believe how many times I just had to type that last word to get it right!!!!) Is negotiation.

Work it out.

Ask Baz, or Sid , to mediate.

[Shed tuner]

50:50 sounds fair....

[unihazard]

Hi aquarius and EV2


I have seen the gun in question and its a lovely gun and stock sorry to see any ill feeling over it . I have seen it at our club where it was run over chrono and can confirm Jeffs position in that it consistantly shot in a cycle of one shot high and one shot low, the high shot always over the 800 fps level and therefore over the legal limit. In addition I am cofident that jeff has not interferred with the gun since purchase . Of course without a chrono there is no way of spotting this when buying . Other club members took an interest in this unusual pattern of shot and Jeff contacted Ripley who recognised the problem as being that of the regulator . I suspect that nobdy has set out to con anyone here , not until seen over chrono does the problem become clearly apparent but even if in ignorance , the gun does not meet its description as sold fully and therefore jeffs offer of splitting the cost of repair in half seems fair to me . Hope all can be resolved amicably and we can carry on enjoying shooting .

[Slim]

why not have a poll?